[Code of Federal Regulations]
[Title 49, Volume 5, Parts 400 to 999]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR821]
[Page 1076-1077]
TITLE 49--TRANSPORTATION
CHAPTER VIII--NATIONAL TRANSPORTATION
SAFETY BOARD
PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS--Table of Contents
Subpart A--General Provisions
Sec. 821.1 Definitions.
As used in this part:
Act means the Federal Aviation Act of 1958, as amended (49 U.S.C.
1301 et seq.);
Administrator means the Administrator of the Federal Aviation
Administration (FAA);
Airman certificate means any certificate issued by the FAA to an
airman and shall include medical certificates required for an airman;
Appeal from an initial decision means a request to the Board to
review a law judge's decision;
Appeal to the Board means a request to the Board for the review by a
law judge of an order of the Administrator;
Board means the National Transportation Safety Board;
Certificate means any certificate issued by the Administrator under
Title VI of the Act;
Chief Law Judge means the administrative law judge in charge of the
Office of Administrative Law Judges;
Complaint means an order of the Administrator from which an appeal
to the Board has been taken pursuant to sections 501(e)(2), 609, 611(c),
or 901 of the Act.
Emergency order means an order of the Administrator issued pursuant
to section 609 of the Act, which recites that an emergency exists and
that safety in air commerce or air transportation and the public
interest require the immediate effectiveness of such order;
Flight engineer means a person who holds a flight engineer
certificate issued under part 63 of title 14 of the Code of Federal
Regulations.
Initial decision means the law judge's decision on the issue
remaining for disposition at the close of a hearing before him and/or an
order that has the effect of terminating the proceeding, such as one
granting a motion to dismiss in lieu of an answer, as provided in
Sec. 821.17, and one granting a motion for summary judgment. Initial
decision does not include cases where the record is certified to the
Board, with or without a recommended decision, orders partly granting a
motion to dismiss and requiring an answer to any remaining allegations,
or rulings by the law judge on interlocutory matters appealed to the
Board under Sec. 821.16;
Law judge means the administrative law judge assigned to hear and
preside over the respective proceedings;
Mechanic means a person who holds a mechanic certificate issued
under part 65 of title 14 of the Code of Federal Regulations.
Order means the document (sometimes also called a complaint) in
which the Administrator seeks to impose a civil penalty or amend,
modify, suspend or revoke a certificate.
Petition for review means a petition filed pursuant to section
602(b) of the Act for review of the Administrator's denial of an
application for issuance or renewal of an airman certificate;
Petitioner means a person who has filed a petition for review;
Pilot means a person who holds a pilot certificate issued under part
61 of title 14 of the Code of Federal Regulations.
Repairman means a person who holds a repairman certificate issued
under part 65 of Title 14 of the Code of Federal Regulations.
Respondent means the holder of a certificate who has appealed to the
Board from an order of the Administrator imposing a civil penalty or
amending, modifying, suspending, or revoking a certificate.
Terms defined in the Act are used as so defined.
[40 FR 30243, July 17, 1975, as amended at 58 FR 11380, Feb. 25, 1993;
59 FR 59046, Nov. 15, 1994]
Sec. 821.2 Applicability and description of part.
The provisions of this part govern all air safety proceedings,
including proceedings involving airman medical certification, before a
law judge on petition for review of the denial of any airman certificate
or on appeal from any
[[Page 1077]]
order of the Administrator amending, modifying, suspending or revoking
any certificate. The provisions of this part also govern all proceedings
on appeal from an order of the Administrator imposing a civil penalty on
a flight engineer, mechanic, pilot, or repairman, or a person acting in
that capacity, where the underlying violation occurred on or after
August 26, 1992, and all proceedings on appeal to the Board from any
order or decision of a law judge.
[59 FR 59054, Nov. 15, 1994]
Sec. 821.3 Description of docket numbering system.
In addition to sequential numbering of cases as received, each case
formally handled by the Board receives a letter prefix. These letter
prefixes reflect the case type: ``SE'' for the safety enforcement
(suspension/revocation) docket; ``SM'' (safety medical) for an
enforcement case involving a medical application; ``SR'' for a case
involving safety registration issues under 49 U.S.C. 44101 et seq.;
``CD'' for certificate denial (see 49 U.S.C. 44703); a new ``CP'' for
cases in which the Administrator seeks a civil penalty; and ``EAJA'' for
applications seeking Equal Access to Justice Act awards.
[59 FR 59046, Nov. 15, 1994]